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New Financial Remedy Documents
12 August 2021
1 min read

New Financial Remedy Documents

n response to a user request, we have compiled four example content documents covering the four most common concise financial remedy orders: Concise clean break order with one joint account to close and one property to be sold; Concise clean break order with a lump sum payment, one pension to be shared and one property to be transferred; Concise order with spousal maintenance, one pension to be shared and one property to be transferred; and Concise Mesher order for deferred sale. These can be found in the Financial Remedy guide, within the C. Settling it early folder. They are alongside a Template Financial remedy order into which the example content can be copied and pasted. The paragraphs in the Clauses for a Financial remedy order (The Orders Project - Financial Remedy Omnibus) can be used to supplement the new concise orders to cater for more complex situations. We have also produced a Deed of assignment to secure legal costs - Sears Tooth Agreement also in response to a user request. This can be found in the Getting the matter underway folder.
Family Law News and Updates
Short Residential Tenancies
12 April 2021
1 min read

Short Residential Tenancies

We are very pleased to announce the release of the Short Residential Tenancies guide to complement our many comprehensive Conveyancing and Property guides. This guide covers all aspects of practice and procedure when preparing, managing and ending a short residential tenancy. The commentary is practical and easy to understand and is supported by numerous helpful precedents. Key content includes: Commentary on the types of short-term residential tenancies; Guidance on creating short-term residential tenancies; Tenancy agreements to suit various situations; An inventory and inspection report to assist with managing a tenancy; and Notices to end a tenancy. The Short Residential Tenancies guide is an invaluable resource for all practitioners who wish to prepare, manage and end a short residential tenancy. We invite you to explore the new guide. Comments and feedback are always welcomed.
Conveyancing and Property News and Updates
Helping Clients To Use The Form E App
26 February 2021
1 min read

Helping Clients To Use The Form E App

To complement the new ‘Your Finances’ app for gathering financial information from clients, two new letters have been added to the Financial Remedy guide. The first, Letter to client instructed to commence proceedings with financial remedy – Form E shared via LawConnect, contains step-by-step instructions for using LawConnect which clients can follow. The second, Letter to client with financial statement for signing – eSignature, contains guidance for clients on signing the Financial Statement using DocuSign. We invite you to explore these new letters. Comments and feedback are always welcomed.
Family Law News and Updates
Witness Statements
24 February 2021
1 min read

Witness Statements

In accordance with the recent approval of a new Practice Direction 57AC promoting and enforcing best practice during the preparation of witness statements, the general precedent Witness Statement – Civil matters has been amended to include the new required wording. This can be found in the C. Blank Deeds, Agreements, Statements, Declarations, Consents & Execution Clauses folder which is on every matter plan. The wording is required in all witness statements which are signed on or after 6 April 2021 and are for trials in the Business and Property Courts. We are including the changes now so that practitioners are able to plan ahead and prepare their witnesses accordingly. Comments and feedback are always welcomed.
Practice Management News and Updates
Enfranchisement
02 November 2020
1 min read

Enfranchisement

By Lawyers are delighted to announce the release of our new publication on Enfranchisement. This useful new publication will enable practitioners to guide freeholder and tenant clients through: Collective rights – Enfranchisement Tenants right of first refusal Collective rights – Right to manage Individual rights – Enfranchisement of a leasehold house The commentary discusses important issues in these areas including: Qualifying criteria Valuations Costs Timetables Bona Vacantia, County Court and First-tier Tribunal applications Conveyancing processes Withdrawal and termination The new guide also contains a complete suite of essential and useful precedents such as: To Do lists with timetables Enclosures for clients explaining the process All the statutory forms and notices Tenants Participation Agreement Articles of Association for a Right to Manage Company Statutory Declarations of occupation Deed of Surrender of Lease This guide is an invaluable tool for all practitioners working in leasehold property departments, including those with limited experience or supervising less experienced practitioners.
Conveyancing and Property News and Updates
Energy Performance Certificates
29 October 2020
1 min read

Energy Performance Certificates

A valid Energy Performance Certificate must be provided in order to market a property. The Purchase of Property and Sale of Property commentaries have been updated to provide information about where Energy Performance Certificates and reports are centrally registered including details of the new location for the Energy Performance of Buildings Register. These certificates can be downloaded for free by anybody. We invite you to explore these updated publications and welcome Comments & Suggestions as always.
Conveyancing and Property News and Updates
Purchase Of Land - Nil Rate Band Increase For Land Transaction Tax In Wales
27 July 2020
1 min read

Purchase Of Land - Nil Rate Band Increase For Land Transaction Tax In Wales

The Welsh Government has temporarily increased the nil rate band of land transaction tax for residential property transactions in Wales, increasing the nil rate from £180,000 to £250,000 for main residential purchases. The temporary rates apply for main residential purchases between 27 July 2020 and 31 March 2021, but do not apply to purchases of second homes or buy-to-let properties.
Conveyancing and Property News and Updates
Sale And Purchase Of Business Guide Reviews
27 April 2020
1 min read

Sale And Purchase Of Business Guide Reviews

The By Lawyers Sale and Purchase of Business guides have been reviewed and updated to ensure that the commentaries and precedents are in line with current law and conveyancing practice. As with all our guides, they take a practical approach, drawing on our authors’ considerable experience to cover all aspects of procedure, with a focus on practical tips that will help solicitors and conveyancers confidently run a sale or business purchase matter to completion. We invite you to explore this updated publication and to consider the wealth of assistance the guide offers for solicitors and conveyancers acting in the sale or purchase of a business.
Business and Franchise News and Updates
101 Staff Office Procedures Manual
20 April 2020
1 min read

101 Staff Office Procedures Manual

By Lawyers have just released a Staff Office Procedures Manual which comprehensively covers a wide range of issues that arise in running legal practices. Useful for all firms, whether start-up, breakaway or well established, we have tailored the manual to help firms run their office day to day. With an emphasis on training and compliance this is an ideal way to ensure that everyone is aware of office policies. Areas which are covered include: Recruitment and induction policies Working procedures such as hours of work, dress code, a code of conduct and training policy Health and Safety Equality and Diversity Internet, email and mobile phone policy Staff leave including for jury service Drugs and Alcohol Bullying and harassment Whistleblowing Disciplinary procedures Conflicts of interest, confidentiality and intellectual property rights Security and cyber-security Guidance on a whole range of other office procedures from anti-money laundering to undertakings Firms can seamlessly implement these office procedures as their own with a view to later development and enhancement or use them as the basis for refreshing and enhancing existing procedures already in place.
Practice Management News and Updates
Estates Guide Review
06 April 2020
1 min read

Estates Guide Review

The By Lawyers Estates Guide has been reviewed and updated to ensure that the commentaries and precedents are in line with current law and conveyancing practice. The extensive review was performed by our author Marcella King. As with all our authors, Marcella takes a practical approach, drawing on her considerable experience to cover all aspects of procedure, with a focus on practical tips that will help solicitors and conveyancers confidently run a probate matter. The commentary has been expanded, and a new To Do List has been included. We invite you to explore this updated publication and to consider the wealth of assistance the guide offers for solicitors and conveyancers acting in the administration of an estate.
Estate Administration News and Updates
Happy New Year – And Happy New AML Compliance
07 January 2020
1 min read

Happy New Year – And Happy New AML Compliance

From the 10th January 2020, the 5th Money Laundering Directive (5MLD) will come into force. In support of these new compliance requirements, By Lawyers has made several precedent amendments. In particular the Client Details and Verifying Identity precedent now recommends an electronic identification verification process but continues to support a manual process should that be necessary. Practitioners can elect whether the client has passed the verification successfully or whether the client details have been passed on to the AML Officer for enhanced due diligence. For manual verification practitioners are able to record an acknowledgment that identity documents were produced personally, and the photographic ID was a good likeness of the person producing them. Other changes include: The precedent now captures sex and nationality detail; and Politically exposed persons (PEP) are covered in greater depth with a number of suggested searches firms should be undertaking. The details about a PEP client can be recorded on the precedent along with the provision for a senior partner to authorise the firm to act. The retainer instructions have also been amended to include an acknowledgement that the instructions relate to a PEP and require a senior partner to authorise the firm to act.
Practice Management News and Updates
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